153.69
Evaluating and selecting firms.

For every
professional design services contract, each public authority planning to
contract for professional design services shall evaluate the statements of
qualifications submitted by
professional design firms
specifically regarding the project, and may hold discussions with individual
firms to explore further the firms' statements of qualifications, the scope and
nature of the services the firms would provide, and the various technical
approaches the firms may take toward the project. Following this evaluation,
the public authority shall:

(A)
Select and rank no fewer than three firms which it considers to be the most
qualified to provide the required professional design services, except when the
public authority determines in writing that fewer than three qualified firms
are available in which case the public authority shall select and rank those
firms;

(B)
Negotiate a contract with the firm ranked most qualified to perform the
required services at a compensation determined in writing to be fair and
reasonable to the public authority. Contract negotiations shall be directed
toward:

(1)
Ensuring
that the professional design firm and the agency have a mutual understanding of
the essential requirements involved in providing the required
services;

(2)
Determining that the firm will make available the necessary personnel,
equipment, and facilities to perform the services within the required
time;

(3)
Agreeing
upon compensation which is fair and reasonable, taking into account the
estimated value, scope, complexity, and nature of the services.

(C)
If a
contract is negotiated with the firm ranked to perform the required services
most qualified, the public authority shall, if applicable under section
127.16 of the Revised Code, request
approval of the board to make expenditures under the contract.

(D)
Upon failure to negotiate a contract with the firm ranked most qualified, the
public authority shall inform the firm in writing of the termination of
negotiations and may enter into negotiations with
the firm ranked next most qualified. If negotiations again fail, the same
procedure may be followed with each next most qualified firm
selected and ranked pursuant to division (A) of this section, in order of
ranking, until a contract is negotiated.

(E)
Should the public authority fail to negotiate a contract with any of the firms
selected pursuant to division (A) of this section, the public authority
may
select and rank additional firms, based on their qualifications, and
negotiations may continue as with the firms selected and
ranked initially until a contract is negotiated.

(F)
Nothing in
this section affects a public authority's right to accept or reject any or all
proposals in whole or in part.